Alien Employment Act was enacted to control alien employment and the issuance of work permits to aliens and to reserve certain occupations for the Thai labour force. According to this Act, aliens of the following 3 categories are qualified to apply for work permits:
Alien who resides in the Kingdom of Thailand or is allowed temporary stay in the kingdom, but not as a tourist or a transit traveller.
Alien who is allowed to work in the Kingdom according to the investment promotion laws or other laws.
Alien who has been deported but is allowed to work in certain location in replacement of deportation or while awaiting deportation; alien who has illegal entry into the kingdom or is awaiting a forced transfer out of the Kingdom; and alien who was borned in the kingdom but not granted Thai nationality or was denaturalized, is eligible to work in 27 occupations as stipulated in the Ministerial Announcement.
Employment and Job Seeker Protection Act B.E. 2528 (1985) (Department of Employment)
Originally, the Employment Act B.E. 2511(1968) had been used for enforcement until there were increasing numbers of overseas employment service businesses and frequent incidents of defraudation. As a result, the Employment Act B.E. 2511 (1968) was amended to become the Employment and Job Seeker Protection Act B.E. 2528 (1985). {Amendments to this Act were also made in B.E. 2537 (1994) and B.E. 2538 (1995).} The essence of this Act is as follows:
1. Set up government’s employment office to provide employment services to the labour force at no cost.
2. Expand job seeker protection approaches and activities to ensure fairness and appropriate assistances when job seekers are in trouble.
3. Actively and seriously control and oversee private employment service businesses to ensure compliance to the following regulations:
Local employment service provider must be a Thai national, and must deposit Baht 100,000 as a financial guarantee with the Registrar Officer as required by this Act. In case the employment service provider is a juristic person, such juristic person must be a Thai national, and its Manager must be qualified and does not possess prohibited characteristics.
Overseas employment service provider must be a company limited or a public company having fully paid registered capital of not less than Baht 1 million and a financial guarantee of Baht 5 million deposited with the Central Employment Registrar Officer as required by this Act, and its Manager must be qualified and does not possess prohibited characteristics.
4. Establish requirements for overseas employment service providers to arrange for skill standard testing with appropriate authority for job seekers.
5. Under the Department of Skill Development’s mandate, establish skill testing control measures and mechanisms for skill standard testing activities that may be implemented by government agency or private entity.